Loading...
Minutes_City Council Proceedings 8 2 10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg (Via Conference Phone), City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Way Campaign Time (August 2010) was accepted by Campaign Co-Chair Judy Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/25, 6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preservation Commission of 7/15; Housing Commission of 5/25 Library Board of Trustees Update from the Meeting of July 22, 2010 Proof of publication of City Council Proceedings of July 6, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Gayle Walter for personal injury; Karen L. Candee for property damage; Jennifer Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Stephanie Schadl for personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom Juergens for personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle damage; Neil Pitman for property damage. Upon motion the documents were received, filed and concurred. First Half of 2010 Weed Assessments: City Manager recommending approval of the levy of special assessments for the first half of the 2010 Weed Enforcement Program in the total amount of $1,372.15. Upon motion the documents were received and filed and Resolution No. 279-10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. Highway 61 / 151 South Water Main Extension Project: City Manager recommending acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the final contract amount of $117,084.26. Upon motion the documents were received and filed and Resolution No. 280-10 Accepting the Highway 61 / 151 South Water Main Extension project and authorizing payment of the contract amount to the contractor was adoped. Friends of the Mines of Spain Historic District Public Improvement Program (HDPIP) Request: Historic Preservation Commission recommending approval of $25,000 in Historic District Public Improvement Program (HDPIP) funds for the Junkermann Farm and Meskwaki Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Program. Upon motion the documents were received, filed, and approved. Operation: New View: Communication from Tom Stovall, Operation: New View, thanking the City Council for their support of the $18,805 Purchase of Service contract. Upon motion the document was received and filed. Novell Multi-Year Support Agreement: City Manager recommending approval of a three- year Novell software licensing and support agreement as proposed by Arrow Enterprise Computing Solutions, Inc. Upon motion the documents were received, filed, and approved. IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending approval of the award of the contract for the IA 32 and Asbury Road Turn Lane Improvements Project to Eastern Iowa Excavating and Concrete, LLC, in the amount of $410,312.15. Upon motion the documents were received and filed and Resolution No. 281-10 Awarding public improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project was adopted. US 52 Traffic Flow Enhancement Project: City Manager recommending approval of the award of the contract for the US 52 Traffic Flow Enhancement Project to Portzen Construction, Inc., in the amount of $970,792.42. Upon motion the documents were received and filed and Resolution No. 282-10 Awarding public improvement contract for the US 52 Traffic Flow Enhancement Project was adopted. stnd Central Avenue Water Main (21 to 32 Street) Project: City Manager recommending stnd approval of the award of the contract for the Central Avenue Water Main (21 to 32 Street) Project to Drew Cook & Sons Excavating Co. Inc., in the amount of $492,512.00. Upon motion the documents were received and filed and Resolution No. 283-10 Awarding public stnd improvement contract for the Central Avenue Water Main (21 to 32 Street) Project was adopted. Bus Wrap Advertising: City Manager recommending that all of the responses to the Request for Proposals for bus wrap advertising be rejected and that a local plan be implemented. Upon motion the documents were received, filed, and approved. 2 Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds: City Manager recommending approval to advertise the sale of $5,700,000 Water Revenue Bonds and approve electronic bidding procedures and the form of notice of sale. Upon motion the documents were received and filed and Resolution No. 284-10 Directing the advertisement for sale of $5,700,000 Water Revenue Bonds was adopted. Request for Proposals – Structural Modifications to Floodwall Levee: City Manager recommending approval of the issuance of a Request for Proposals for structural analysis of the Dubuque levee and floodwall system in accordance with the levee certification requirements of the National Flood Insurance Program regulations. Upon motion the documents were received, filed, and approved. Purchase of Property – Hwy 151 & 61 Development, LLC and SB Development, LLC: City Manager recommending acceptance of the Warranty Deeds from Hwy 151 & 61 Development, LLC and SB Development, LLC for acquisition of right-of-way for the Bee Branch Creek Sewer Project. Upon motion the documents were received and filed and Resolution No. 285-10 Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC, were adopted. Dubuque 2.0: Communication from Justin Thiltgen, Director – Dubuque 2.0, providing an update on Dubuque 2.0. Upon motion the document was received and filed. Federal Transit Administration: City Attorney providing the requisite opinion of counsel for the benefit of the Federal Transit Administration in connection with the application of the City for Federal transportation assistance. Upon motion the document was received and filed. Federal Emergency Management Agency (FEMA): Communication from Senator Charles Grassley thanking the City for providing his staff with an update on the status of the work with the Federal Emergency Management Agency (FEMA) regarding the City’s preliminary flood plain map. Upon motion the document was received and filed. City Development Board: Communication from the City Development Board providing notice of meeting to reconsider voluntary annexation in the matter of the City of Asbury voluntary annexation including non-consenting owners within the urban area of the City of Dubuque. Upon motion the documents were received and filed. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has one appeal before the Property Assessment Appeal Boards in Des Moines and four appeals before the Iowa District Court. Upon motion the document was received and filed. Quarterly Investment Report: City Manager transmitting the June 30, 2010 Quarterly Investment Report. Upon motion the documents were received and filed. Iowa Department of Transportation – Local Road Detour Agreement: City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the Central Avenue 3 stnd (21 – 32 Street) Water Main Project. Upon motion the documents were received and filed and Resolution No. 287-10 Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for the Central Avenue (US 52) Water Main Project was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. 73 CHS Forward, LLC – Development Agreement: City Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agreement with 73 CHS Forwards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. Upon motion the documents were received and filed and Resolution No. 288-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with 73 CHS Forwards, LLC, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. Southwest Arterial Project: North Cascade Road Reconstruction: City Manager recommending that a public hearing be set for August 16, 2010 on the North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project). Upon motion the documents were received and filed and Resolution No. 289-10 Setting date of public hearing on plans, specifications, form of contract and estimated cost for the Southwest Arterial Project: North Cascade Road Reconstruction was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission: One 3-year term through th July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation District resident requirement. Applicant: Dr. John Whalen, 1105 Highland Place. Dr. Wahlen spoke in support of his appointment. Appointments to the following Boards/Commissions: Housing Commission: Three 3-year terms through August 17, 2013 (Terms of Eddy, Root and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln Avenue; Judy Root, 1008 Walnut Street; and Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Motion by Braig to appoint Judy Root and Dorothy Schwendinger to the Housing Commission for 3-year terms through August 17, 2013. Seconded by Jones. Motion carried 7-0. Ms. Fischer was not appointed. Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Croissant). One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905 Wilderness Drive; and Lu Ann Schmidt, 3395 Jackson Street. Motion by Jones to appoint Ruth Scharnau to a 3-year term through July 30, 2013 and Lu Ann Schmidt to a 3-year term through July 30, 2011. Seconded by Resnick. Motion carried 7-0. 4 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Vacating Petition – Portion of Cox Street: Proof of publication on notice of public hearing to consider a request from Loras College President Jim Collins to vacate and purchase a portion of Cox Street and City Manager recommending approval. City Manager providing follow-up to the questions asked about the possible vacation of Cox Street. Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and Carol Nestby in opposition to the proposed closing of Cox Street. Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the vacating and disposal of a portion of Cox Street to Loras College. Communication from James E. Collins, President – Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in opposition to the vacating and sale of a portion of Cox Street to Loras College. th Communications from Anne Callan Vaassen, 611 W 17 Street; Travis Fishnick, 615 th Angella Street; and Julie Lembke, 611 W. 17 Street. Motion by Connors to receive and file the documents and adopt Resolution No. 290-10 Approving the plat of proposed vacated portion of Cox Street from Loras Boulevard to West th 17 Street, Resolution No. 291-10 Vacating a portion of Cox Street from Loras Boulevard to th West 17 Street, and Resolution No. 292-10 Disposing of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Loras College President Jim Collins spoke in support of the petition citing the economic and community benefits of the proposal and provided additional conceptual renderings. Mr. Collins stated there would be no City responsibility for the referenced retaining wall and portion of Cox Street. Pat Crahan, University of Dubuque Finance Committee Chair; Chamber of Commerce President Molly Grover; Greater Dubuque Development Director Rick Dickinson; Derek Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirkwood Street; and Bennett Cook, 1395 Alta Vista Street, spoke in support of the proposal citing its economic impact, community benefits, and the cooperation of Loras College. Tom Hoelscher, 780 Angella Street, Giles Ede, thth 590 W. 17 Street; Joanne Jaeger, 725 Angella Street; Beverly Bettcher, 669 W. 16; and Steve Halfhill, 1785 Alta Vista Street, spoke in opposition to the proposal citing difficult winter access involving snow and ice removal, limited emergency vehicle access, limited parking, driver and pedestrian safety issues, and bus traffic. Mr. Collins provided a rebuttal related to the traffic study, street upgrade costs, retaining wall liability, student behavior, and additional concessions. Responding to questions from City Council, City Manager Van Milligen stated that the proposed street improvement projects in the area are currently not assessable projects. Following City Council discussion, Resnick moved to amend the original motion withholding the sale and closing of Cox Street until Priority #1 street projects as recommended by the City Engineer are completed. Motion failed for lack of a second. Original motion carried 7-0. Dubuque County Historical Society Lease for Mississippi Plaza Property: Proof of publication on notice of public hearing to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississippi River Museum and Aquarium and the new National River Center and City Manager recommending 5 that this item be tabled to August 16, 2010 upon completion of the public hearing. Motion by Jones to receive and file the documents and table to August 16, 2010. Seconded by Braig. Dubuque County Historical Society Executive Director Jerry Enzler spoke in support of the request and citing the need for improvements and the significant investment by the DCHS. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 293-10 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Sale of General Obligation Bonds: City Manager advising that the results of the sale of $4,470,000 General Obligation Bonds, Series 2010A; $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B; and $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C will be brought to the August 2, 2010 City Council meeting for approval. Motion by Jones to receive and file the documents and adopt Resolution No. 294-10 Directing sale of General Obligation Bonds, Series 2010A; Resolution No. 295-10 Directing sale of Taxable General Obligation Urban Renewal Bonds, Series 2010B; Resolution No. 296-10 Directing sale of General Obligation Urban Renewal Bonds, Series 2010C; and Resolution No. 297-10 Authorizing the redemption of the outstanding General Obligation Bonds, Series 2002B, dated March 1, 2002, of the City of Dubuque, Iowa, and directing Notice of Redemption. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7-0. Sunset Ridge Reconstruction Project – Motion to Reconsider: Council Member Braig requesting that the July 19, 2010 vote on the motion to approve the Sunset Ridge Reconstruction Project be reconsidered. Motion by Braig to receive and file the documents and reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0. Sunset Ridge Reconstruction Project: Communication from Steve Conlon, 655 Sunset Ridge, advising that the majority of residents of Sunset Ridge would like to rescind their opposition to sidewalk installation and request that the City Council approve the Sunset Ridge Reconstruction Project. Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of sidewalks. City Manager recommending approval of the Sunset Ridge Reconstruction Project with a revised project schedule. Motion by Braig to receive and file the documents and adopt Resolution No. 298-10 Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge Reconstruction Project, Resolution No. 299-10 Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruction Project, and Resolution No. 300- 10 Approving schedule of assessments and estimate of total cost for the Sunset Ridge 6 Reconstruction Project. Seconded by Connors. Braig read a short summary of the project’s history. Motion carried 7-0. Trash and Ash Cans on Public Right-of-Way: City Manager recommending approval of general guidelines for ash and trash cans placed on public right-of-way. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Connors questioned the number of cans required vs. the number of building entrances. Lynch opposed the measure stating it should not be forced upon business owners. Voetberg stated it’s a solution to a non-existent problem. Resnick questioned the safety of possibly combining ash and trash. Van Milligen stated that the guidelines would regulate the public right-of-way and not private business property. City Engineer Gus Psihoyos stated that compliance would be complaint driven and that the standards would be enforced through the Engineering Department. Motion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay. Repeal of Cell Phone Ordinance: City Manager recommending that the cell phone ordinance be repealed due to the adoption of State legislation on texting and cell phone use. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-1 with Buol voting nay. Motion by Jones for final consideration and passage of Ordinance No. 45-10 Repealing Ordinance No. 11-10 Prohibiting the Use of an Electronic Communications Device While Operating a Motor Vehicle. Seconded by Resnick. Buol stated he believed the City’s Ordnance was appropriate. Motion carried 6-1 with Buol voting nay. Fiscal Year 2011 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2011 Dubuque County REAP Plan, submittal of the Fiscal Year 2011 REAP grant application for installation of the Iowa 32 Bike / Hike Trail – Phase 4 Project and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents and adopt Resolution No. 301-10 Authorizing REAP Grant application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) and appoint Council Member Joyce Connors as representative. Seconded by Lynch. Motion carried 7-0. 2009 International Fire Code: City Manager recommending approval of the adoption of the 2009 International Fire Code published by the International Code Council, Inc. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the International Fire Code, 2009 Edition, as adopted, and provides for enforcement, addresses emergent situations, and provides discretion to the Fire Chief. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS 7 Buol reported that he had received many great comments from RAGBRAI visitors and participants. Resnick thanked Dubuque citizens for the good reception provided to RABGRAI participants. Jones acknowledged the work of City staff on this year’s RAGBRAI. Braig acknowledged the Boy Scouts in attendance. Voetberg reported that the get-well cards and letters he has received are greatly appreciated. PUBLIC INPUT Phil French, 1025 Rockdale Road, expressed his comments and suggestions regarding public safety including police walking the streets, 24-hour park patrol, encourage people to stick together and get to know their neighbors, increased diversity on the Police Department, loud music, drug paraphernalia found near schools, offensive public appearance of citizens, people and police are afraid to walk downtown, and believes taxpayers are not represented and are frustrated. There being no further business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 8/11 8